Vravron Shipping Company Ltd v Boethern [2001] EWCA Civ 323 (23 February 2001)

Vravron Shipping Company Ltd v Boethern [2001] EWCA Civ 323 (23 February 2001)

The defendant's attempt to raise claims that could and should have been brought in earlier proceedings constituted an abuse of process; both judges were correct in striking out the paragraphs; consequences do not provide compelling reason for permission to appeal.

Citation
[2001] EWCA Civ 323
Parties
Claimant/respondent: VRAVRON SHIPPING COMPANY LTD; Defendant/applicant: EDELGARD BOETHERN
Jurisdiction
England and Wales
Judgment Date
23 February 2001
Procedural Posture
Application for Permission to Appeal / Second Appeal, Permission Sought
Outcome
application refused
Legal Topics
Abuse of Process, Right to Light, Counterclaims, Estoppel
Civil Procedure Property Law Abuse of Process Right to Light Counterclaims Estoppel

Case Brief

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Parties

VRAVRON SHIPPING COMPANY LTD

Claimant/respondent

EDELGARD BOETHERN

Defendant/applicant

Procedural Posture

Application for Permission to Appeal / Second Appeal, Permission Sought

Legal Issues

  1. 1 Whether the defendant's counterclaim was an abuse of process under the Henderson v Henderson principle
  2. 2 Whether striking out pleadings for abuse of process violates Article 6 of the Convention on Human Rights

Ratio Decidendi

The defendant's attempt to raise claims that could and should have been brought in earlier proceedings constituted an abuse of process; both judges were correct in striking out the paragraphs; consequences do not provide compelling reason for permission to appeal.

Court Disposition

application refused

Orders

  • application for permission to appeal refused